Guest Commentary

Published May 15, 2016

Miles Stead, a two-year-old Lakota boy, was killed by his foster mother just months after being taken from his home on the Rosebud Reservation in South Dakota. His story should be raising alarms about the rampant removal of Native American children from their families in violation of federal law, yet it has been largely ignored by the national media.

Stead’s foster mother, Mary Beth Jennewein, was arrested in March and charged with second degree murder and four counts of voluntary manslaughter. A hearing held May 11 denied Jennewein a reduced bond. Her conviction is anticipated in June.

Nina Stead, Miles’s biological mother, had no history of child abuse when her son was taken after she was found drinking a beer. If the Indian Child Welfare Act (ICWA) were adhered to, Miles could have been saved, and this injustice could have been prevented.

ICWA is meant to address the widespread separation of Native American children from their families and tribes. Its purpose is to protect the rights of children to live with their families, and to promote the stability and security of Indian tribes and families. The federal law dictates that placement preference for the child is to be given to extended family or tribal families, and that tribes be notified when their children are placed in the foster care system, which provides the tribes a chance to intervene in state proceedings.

However, ICWA is constantly violated. Why? It’s unfortunately simple. Native American children are seen as cash cows. The Department of Social Services (DSS) categorizes Native American children as “special needs,” which brings the state and adopting families extra cash.

South Dakota for example, which is notorious for its ICWA violations, reels in $79,000 per Native American child per year, and families who adopt can claim a tax credit of $13,400. Seven tribal governments endorsed a 2013 report concluding there is “a strong financial incentive for state officials to take high numbers of Native American foster children into custody.”

Native American children continue to be placed in foster care at an alarming rate. They constitute two percent of the total number of children in foster care, even though they only make up 1 percent of the United States child population. In South Dakota, more than 750 Native American children are placed in foster care per year, making up nearly one-third of the state’s foster care population, despite only making up 13 percent of the total child population.

ICWA violations have led to almost 90 percent of Native American children being placed in non-Native homes. These children hold the future of their tribe, they are the source of revitalization for tribal communities and their continued removal places tribes at risk of becoming extinct. If children continue to be taken at the current rate there may not be children to continue the tribe, and the cultural identity of the tribe can’t be passed down.

There have been developments in the past year however, suggesting that this trend of unbridled ICWA violations may finally begin slowing down. Last year, the Bureau of Indian Affairs published new ICWA guidelines to strengthen the law and ensure its compliance, and that same year the courts found that South Dakota willfully violated ICWA. Officials within the DSS, the state attorney and Judge Jeff Davis were found to have violated ICWA. Their actions resulted in thousands of children being placed with non-Native families.

What’s more, the Administration for Children and Families proposed in [month] to record ICWA-related data, which has never been done before and is expected to illuminate the extent of overrepresentation of Native American children in foster care. Last month, a Memorandum of Understanding was announced between the BIA, Department of Justice and Health and Human Services to ensure ICWA fulfills its intended purpose.

State ICWA noncompliance has spun out of control, and at long last U.S. government agencies have become aware of what Indian Country has known for decades — that children like Miles succeed better when raised by their families. For people like Susan Becker, a close family friend of Miles’ mother who is much too familiar with seeing Lakota youth taken from their families, this level of attention is long overdue.

“ICWA needs to step in earlier,” said Becker, a member of the Rosebud Reservation. “My nephew was murdered because a woman wanted to collect a paycheck.”

Becker had known Miles since he was born, and views his mother as family, she refers to Miles as her nephew and had temporary guardianship status prior to his removal. As soon as Miles was taken from his mother, Becker sprung into action and attempted to gain custody of him. However, since she is not a blood relative, the DSS said she’d have to take a foster parent class, which they only offered to her in March.

“Miles passed away before I could even start the classes,” Becker said, adding that the DSS agents made the process very difficult for her.

As per ICWA’s guidelines, Miles should have had preferential placement with a tribal member or family member, but the DSS quickly placed him in a non-Native home.

Coroners found Miles with a fractured skull and internal bleeding. They ruled traumatic brain injury as the cause of death. Jennewein told law enforcement that Miles was “known to hit his head a lot,” suggesting that this happened while at daycare, but surveillance video from the daycare proved this was not the case.

Miles’ story is a testament that adherence to ICWA can literally be a matter of life and death. Children are being removed from their families for preposterous reasons that one could not imagine happening to a White family.

“I don’t know how to put this, but if you’re drinking one beer and someone calls the police you’ll get your kids taken,” Becker said. “The state’s making money off our children.”

This issue plaguing Indian Country demands the attention of the masses. Native American issues cannot continue to be placed on the backburner and ignored by popular media.

The Lakota People’s Law Project is calling for a Truth and Reconciliation Commission to provide recommendations to Congress on how to develope child and family service programs that are run by tribal nations, for tribal nations. This commission would take testimony from boarding school survivors, identifying how the boarding school system impacted their lives so that their stories will not be lost in U.S. history. It would also conduct comprehensive national studies focused on the past and ongoing effects of the boarding school policy, and advise Congress on ways to begin an official process of healing.

Acquiescing to the DSS’ widespread seizure of Native American children will lead to the eventual dissolution and destruction of tribes. Our children are our future. Our children are sacred.

Ardy Raghian is the press director for the Lakota People’s Law Project.

About The Author

The deliberate taking of our children is just the tip of the iceberg as is being citing on various internet websites. Under Agendas 2021 and 2030 life as we know it is taken away from all living in the United States. Under some of the rulings, persons as Stead’s killer Jennswein would get what she deserves instantly. There is a much “bigger picture” to this deliberate taking of our Native children that could have been challenged by our tribal councils if the councils were comprised of highly/formally educated individuals, as well as, its competent In-house Tribal Attorneys, however, this has never been the case for a majority of the tribal councils among the 563 federally-recognized tribes–only a handful among the Showcase tribes was that possible. The NCAI is a dead horse so what other resources do we have? Ourselves. We need to educate ourselves to the laws of this land–whatever is still on the books and recognized.

This is very sad to hear, about this baby, and that you have no where to turn. Write to Congress, find out what Congressman would want to help, or maybe there is a few. Find out who is your Senator for your area, write letters to congress and to your senator. Write to the President quickly before he leaves office. Also make a video clip-like an.advertisement. stating that your children are being used as cash cows, because their deemed at risk, therefore, taken.away from loving homes and entire families because the state gets a piece of the pie as well, stealing babies and children for Greed, the babies and children.are molested, beaten, traumatized and murdered, never healing from their wounds, Moms and Dads with empty hearts and holes in their lives forever, all for the sake of $$$. “You have to do somthing quick, before a new president comes in, also, send the video Ad the Michelle Obama and letters, she seems on.board for this fight” Good luck to all of you. My email: ladyhawk62@hotmail.com

Richard Smith3 years ago

this is almost too sad to comment on. the misery this child must have endured at the hands of the person who was supposed to protect him from harm is gutrenching and outragious. this removal of innocent, defenseless children should never happen without some kind of intervention by the tribal leaders or their designated “child welfare council”, within the tribe. if no such group exists, one should be set up immediately. please don’t let this ever happen again.

Jamie Pederson3 years ago

so true.

Shawna Mattingly3 years ago

I would like to become more involved with this issue. Thank you

Sinead Banks Capoeman3 years ago

We have been fighting with the Tribe for over a year. Would love the chance to tell our story.

Linda3 years ago

Operative word: “fighting”……I believe the Lakota have legitimate concerns regarding this atrocious behavior. The denigrating attitudes toward Natives is prevalent. Look at the arrest ratios of Native to Non-Native in Rapid City SD, look at the commitments of addicted individuals Native vs Non-Native, consider the deaths when incarcerated of Native vs Non-Natives, look at foster payments to Native family members vs Non-Natives, and finally look at the power base when addressing poverty. You have a chance to tell your “story.” Do it in this forum if you feel that strongly about this issue. Regardless, This toddler and the many other news worthy abuses that have happened should never have suffered nor died at the hands of anyone; especially a “foster care mother.”

Geraldine Chase3 years ago

OMG this should have not happened! First the State needs to be reading the I.C.W.A and follow the guidelines, second, the child should have been placed with family, if family was not able to care for the child than placed within the community, third if not, than placed into a Native home close by, so the traditional ways and teaching of the culture will be passed down to the child. The tribal council needs to read the I.C.W.A so that they are aware of the guidelines and come speak in behalf of the family but mainly the child. Educate yourself! Your tribal attorney’s should be aware of the I.C.W Act. Prayers for the children and families.

Joshua Christian3 years ago

Geraldine, my wife and I live in the UK and this happening over here as well. It’s called Human Traffiking and it’s just as bad over here. What you have just said is exactly what I was about to say but you beat me to it. But you are so right. The reason the DSS get away with is because the media are ignoring it, the state is making money out of it so don’t want it to stop, plus the Tribal authorities need to educate themselves about the ins and outs of the NCWA in order to beat the DSS at their own game and outsmart them.

I live in michigan and this is all so true !! altho i am not Native i have Native daughters /grands and they are members of their tribe here where we live and my grandaughter was removed from our home threw DSS and to this day we have no reason and placed with the other grandparents who are not Native nor do they want anything to do with her being tribal? ICWA was involved in this case also seemed to side with State ? did nothing for us at all nor did the Indian Child Welfare from the tribe as they are not trained/ are bias/ if they like someone ect,even the tribal attorney was noooo help !all seemed to side with State? were not in her best interest nor ours?We have to this day not been told or given a reason why she was removed from us? and yes we too were told we had to get foster license in order for us to have her which we did ? they still removed her just before they were issued to us? i wish we had someone to help as when you don’t have the cash for attorneys ect you never will win ? it is about money ?? they are stealing the kids breaking up families and they don’t care ! i am just so angry over all this i can’t and never will get over it ! i have not saw her since April of 2010! the only person in family who has is her mother and that is every other wed for 1 and half hrs??? and once month with her mom sister for 3 hrs which just started this once mth this yr /MY daughter has to jump through this families whoops as the court never set any visitations up except what was already in place at time so daughter had to go back court to ask for more with her legal aid lawyer telling her its a process to work up to more time visits? this family gave her an extra half hr on her 2 Weds and judge set the once mth with siblings ! i wish i knew how we could get something done but i don’t ? court so dirty! and ICWA needs to retrain their workers in best interest of children no matter what a tribe may say/want? personal dislikes run rampant in tribes and nothing should come before someones children? i could go on on there was so much stuff done so wrong and not even looked at and no help even from the agency/tribe that was suppose to be helping us? my heart breaks everyday over this and i will never/ever get over it or how a court of law doesn’t care about our children and believe it as is about the money and who has what and they get away with it ?? no one cares??? if anyone can direct us or help anyway contact plz? dmltsl@yahoo.com it would be much appreciated forever thank you

Geraldine Chase3 years ago

It’s sad that when a child is removed from their home, the first one the state asks is the grandparents to take the child, but than on the other hand, like in Washington State, grandparents have no rights.
You can order or check the library for the book on the I.C.W Act, expect a lot of reading. The State needs to make it mandatory that this is studied and the Act followed, not to mention the tribal leaders and attorneys that work for the tribe and the case workers that work for the tribe, many case workers are not Native. The children NEED to be PRIORITY one!

Joshua Christian3 years ago

This reminds me of a film in the 1960’s called Chitty Chitty Bang Bang. In the film there was a character call The Child Catcher, who would travel around the towns and villages in the country where he was and kidnap children, all because the royal family of that country didn’t like children. What the DSS is doing is despicable and unforgivable and should be stopped at all costs. They should be held to account and made to pay for all the damage they have done. There should be a foster care system set up within the reservations to help solve this so that the DSS can’t do this to another Native American child. I live in the UK and my wife and we have seen the same thing happening here as well. It’s called Human Traffiking. It has to stop. PERIOD!

This does happen to white, native, and mixed families alike. My book “Child Fire” is almost set for publication….it outlines, the, state level, for profit, child trafficking that occurs daily in America. This issue is, sadly, not only affecting native tribes…UNITY MATTERS…TOGETHER, WE CAN, MAKE CHANGE. ONE NATION AGAINST TRAFFICKING!!!

It’s a CRIME AGAINST HUMANITY. This system is blatantly ABUSING Human Rights. IT WILL BE PUBLISHED INTERNATIONALLY.
Matthew Thompson Chairman ARTRAINASSOCIATION

NSDMsM3 years ago

Until the whole removal process is thoroughly shaken up and those in a position to enrich their coffers are weeded out (and, if applicable, criminally prosecuted), this situation will continue. How many cases like this will continue ? I think the Mette case should have been a major wake up call. It is time to let the tribes make decisions for their own foster care system.

Kanientahawi3 years ago

My nieces and nephews were kidnapped by the dpj in Quebec ,Thursday may 19, we got the noticed at 4:30 pm after we all went rushing at the school with no left at the school, and no phone call from the school or dpj. Once you tell the dpj to back off from you life, they make up hear say opinion from his ex ( non-native ) and here we go again back to court to defend yourself with legal aid lawyer now since Thursday 4 native children are in non-native foster care as we speak. I read the files and the white psychologist has decided to take them away. The father is living in a 5 bedrooms house. There was no violence ,other then a tap on the arm to correct a behaviour. When is this going to end …….

Amelia3 years ago

I am a victim of the ICWA court ignored law. Five of my children were taken illegally and because of false allegations. Without even investigating, they took my children. After the allegations were proven false I thought we would get them back but it has been over a year now and all I see is the termination of my rights as a parent coming. They alleged investigation was for nothing more than emotional abuse. Since they have been in state custody, 4 of my children have been investigated for abuse. One of the substantiated abuse was for physical abuse of my 16 year old by his placement. They were not even going to remove him from the home but the placement stepped out. My 13 year old was given ADHD drugs against our belief. He is now in an psychiatric institution being force medicated. I believe this is retaliation against me saying no to the school for wanting to drug him. He has been assaulted and says the place is a living hell. Then there is my 6 yr old daughter who was sexually abused, yes that is substantiated also. So I don’t even emotionally abuse my kids (the false allegations were not facts and it was found to be unsubstansiated and there was no evidence against me). The state of Kansas illegally kidnaps my kids, forces unconstitutional demands on us, physically, mentally, sexually, and even spiritually abuses my children and no one seems to care. I put in the icwa within weeks of our kids being taken. It was told to me by my lawyer that it didn’t apply so there was no need to look into it. I filled out the paperwork anyway and it wasn’t until about a year later my husband was representing himself in court and put it on the record. We were sent a notice that we did not qualify. I was baffled. I read the law over and over. I called the dept of indian affairs (they lied), I called White Earth and they were no help. After a billion calls, I talked with someone from white earth and they said I didn’t qualify because I had not enrolled!! GREAT!! I could just enroll. Just one prob… they will not allow me to enroll. I was told by a bitter lady on the phone that they did not want white people to use their resources and they were not giving me a check… REALLY!? I do not care about a check or resources and how dare you call me a white woman!! My blood is the same!! My great great grandfather and seven generations before him were all chiefs!! Even some famous ones!! I am proud of my heritage and it was preserved a little. I have done pipe smoking ceremonies with my great grandmother and grandmother has taught me some of the ways. NO ONE FROM WHITE EARTH TRIBAL COUNSEL WILL EVEN RESPOND TO ME!! I am so offended that they ignore my cries and pleas… if my children end up dead the blood is on your door step… White Earth!

Help support Native News Online by clicking on our sponsors' advertisements.

Please Help Support The Native News Online

Enter amount (USD)

Facebook Likes

Subscribe to Native News Online

Enter your email address to subscribe to this blog and receive notifications of new posts by email.